A judge has peeled back one of The Velvet Underground's legal claims involving the use of the band's famed banana logo.

Manhattan federal Judge Alison Nathan tossed the legendary band's request for a court order declaring that the late artistAndy Warhol's foundation doesn't hold a copyright on the iconic image.

Nathan said a promise by The Andy Warhol Foundation for the Visual Arts not to sue the Velvets for using the design had "eliminated any live controversy" over the copyright.

Her ruling didn't affect three other claims filed by the band, which is seeking unspecified damages for alleged trademark infringement and a court order barring the foundation from licensing the logo. - [NY Post]

Lou Reed and John Cale sued the Warhol estate last year after the famed banana began being licensed for iPod cases and other items not deemed cool by the Velvet Underground members. Of course, people have been talking on a banana for years, as seen below.

Meanwhile in less litigious VU news, John Cale's new album, Adventures in Nookie Wood, is out October 2 on Double Six/Domino and you can watch the first video from it, "Face to the Sky," below. Cale also has two musical works debuting at BAM Next Wave fest next year.